Workplace Harassment- I need some thoughts and soon.

Sammy

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[font size="1" color="#FF0000"]LAST EDITED ON 03-14-03 AT 03:26 PM (CST)[/font]



My employer wants me to sign a sheet now after me complaining about a harassment that was done to me. It was going on for a couple of years both my boss(women) and this other manager(guy) asking me to give them back rubs, my boss commanding me to do things, in a ha!ha! manner. Keep in mind I have been at this job for over 7 years and my boss now has only been my boss for 4) My boss making comments like,"if you don't your fired" again in a ha!ha! manner. My boss always wanting me to listen to her problems about home life, different people at work. Basically spending the good part of the day chating about things other then work, and I was the listener. I had things to complain about too however, "mine weren't important enough" for me to speak out very often, hers were always,"I have it so rough", etc.

However, after a while it was just very intimidating. When I had, had enough because it was affecting my job performance, because I felt I was being bugged to much and job tasks were not getting completed in a timely manner. So I just stopped going in and talking to her and when she would call me in I would say, "I'm really busy". I would be friendly,the normal"morning" thing and then just work hard all day and leave.

4 months of me doing that, she(my boss) called me and basically gave me a verbal warning about my attitude (basically I look at this as a retaliation)and wondered what was wrong with me. I told her I just have work to do and want to be more on a professional level and not be in the "little gang" of the chating sessions, and the bugging about doing things. So my boss knew about what was going on because she was a part of it.
Somewhere in here forgot to mention that this boss of mine and this other manager were trying to get me fired. Employees had approached me about it.

So I watched my attitude in the following months.

I finally got tired of hearing from others that I was going to get fired. I had a hard time concentrating on my work, and my home live. So I told the CEO of the company. I did have a few emails asking me to give those back rubs.
Since then the harasser and I have meet with the CEO and the harasser apoligized and I accepted, I just didn't want it happening anymore.

"The sheet" is a"Memo of Understanding" stating basic what happened, no real details, and that we were brought in and that person apoligized and I accepted, then follow up requirements....

However it has a few statements I don't know about and wonder if I sign then what rights do I have as an employee in the future? Can I take them to court if lets say they fire me.

One is "unless there is another incident of this nature in the furtue, it is understood tht this concern has been resolved to each party's satisfaction....

another is "By signing this memo each party agrees that he/she fully understands the memo of understanding agrees that the concern has been satisfactorily resolved and that they are signing under their own free will.

Please any thoughts..........

Rockie

Without knowing more of the facts, it's hard to make an assessment. What appears on the surface is either they are documenting that this particular matter has been resolved...or on the other hand, if the person who was your harasser has any say in your future firing, he had better darn well make sure he has proper documentation, or it could appear like this is a retaliation for you filing a complaint against him. If you are really concerned about this, you may want to run it by an attorney before you sign anything and let him or her know all the facts of the case.

Don D

On the surface I'd say I don't see anything terribly alarming about the document you were asked to sign. However, the second thing you listed says you agree that you fully understand the document, and I don't think you do, so don't sign it until, as Rockie suggests, you run it by an attorney. If you all met and the situation was resolved with an apology and your acceptance and the manager or HR person admonishing the perpetrator to not repeat the conduct and you were/are satisfied with that unless it happens again, let's agree to move on and work together. I suspect the reason for those documents where you work is to protect HR so that employees cannot claim later that nothing was done about your complaint. I don't see a real need for them though. Most companies do not use such a document and we don't hear broad recommendations that we use them.

Gillian

It is hard to say what is going on, but I have a bias against forcing an employee who has been on the receiving end of an issue to sign anything that looks like a legal document. It is worse when the document seems to put some sort of control on the employee and their actions. You don't say what the harassment was but if it was actions that could be sexual or racial harassment, for example, what you describe is not the best way to resolve an issue. It would seem a bit intimidating to most employees. On the other hand it does refer just to the particular issue. If you have concerns, contact an attorney.

jimlegal

Taking the scenario as you have describe it, I suggest that you contact an attorney in your state that practices employment law. Documentation for the employee & employer most times is a good thing. It keeps the records straight and helps with memory loss over time. Do yourself a favor and seek the advice of an attorney.